Rockville DUI Defense Attorney

Protecting Your Rights After a DUI Arrest in Rockville, MD

In most cases, a DUI is a misdemeanor. However, a DUI arrest could leave you at risk of becoming a felon in certain circumstances. A felony DUI is to be taken very seriously, as you could be sent to prison for more than a year if you are convicted. Your DUI might be charged as a felony for numerous reasons, and felony DUIs can vary in seriousness based on factors like whether anyone was injured. In many cases, a skilled DUI attorney can have felony DUI charges reduced back down to a misdemeanor through plea bargaining. You may also have a complete defense that could result in your charge being dismissed entirely or in you being found not guilty at trial.

The Law Offices of Gerstenfield & Demirji, PC. is highly experienced in fighting against both felony and misdemeanor DUI charges. Our skilled Rockville, MD DUI attorneys will carefully evaluate your case to help us decide how to approach your defense. We will consider all the circumstances surrounding your arrest as well as your personal wishes and priorities when formulating your personalized defense strategy.

Consequences of Misdemeanor and Felony DUIs

Misdemeanors are relatively minor offenses that do not carry more than a year of jail time. Most people charged with a simple, first-time DUI will be able to avoid jail time if they are well-represented by a skilled attorney. Felonies, however, carry long prison sentences lasting between a year and a lifetime depending on the severity of the offense.

A first DUI usually means that your license will be suspended for six months, while a second DUI results in about a one-year suspension. A third or felony DUI can cause a more long-term loss of driving privileges. The possible fines also get steeper with each subsequent DUI or if your DUI is a felony.

When is a DUI a Felony in Montgomery County, MD?

A simple DUI that does not involve any aggravating factors is usually a misdemeanor. A repeat DUI or a DUI involving more serious circumstances can be charged as a felony. Reasons why a DUI might be prosecuted as a felony include:

• Repeat offenses - If you already have at least two DUI convictions within the past ten years, you could be charged with a felony upon your third or subsequent arrest for the crime of driving under the influence.
• Someone was hurt or killed - If you caused an accident while driving under the influence and someone suffered significant injuries, you could be facing very serious felony charges that could send you to prison for years. If someone was killed in the accident, you could face DUI manslaughter charges, which are even more serious.
• Extreme BAC - If your BAC was measured at 0.2% or higher, you could face felony charges. A person who is this significantly impaired is at very high risk of causing a serious accident.
• Passenger under 14 years old - DUI with a child passenger is considered a form of child endangerment. Parents are often arrested for this form of felony DUI while transporting their own children.
• Extreme rate of speed - A sober person who is driving more than 20 miles per hour over the speed limit is at risk of causing a serious accident and will be charged with a traffic offense. An intoxicated person driving at this speed will face a felony DUI charge.

You might also face felony charges for a drug DUI if you were in possession of certain illicit substances when you were pulled over.

Contact a Rockville, MD DUI Lawyer

The Law Offices of Gerstenfield & Demirji, PC. will do all it can to bring about the best possible outcome in your DUI case. Our dedicated Montgomery County, MD DUI attorneys will strive to have your charges reduced or dismissed. Contact us at 301-589-9500 for a complimentary consultation.